Graft Investigation and Prosecution Officer III Gerald Varez accused the respondents of minerals theft defined and penalized under Section 103 in relation to Section 49 of Republic Act 7492 or the Philippine Mining Act, which requires a quarry permit before extraction of minerals is conducted.

The charge sheet alleged that the respondents “mutually helping one another and using the municipality’s dump trucks, backhoe, bulldozer and other resources, did then and there wilfully, unlawfully and criminally extract, take, gather and remove minerals consisting of three (3) truckloads or approximately thirty (30) cubic meters of limestone and/or diorite from Barangay Garing, Consolacion, Cebu, which minerals belong to the Government, without a valid permit required under Republic Act No. 7492, to the damage and prejudice of the Government.”

Cebu City police stopped three municipal dump trucks loaded with limestone or diorite and driven by Gerundio, Comeso, and Mangilaya while Yray, Capao, and Dayon were caught in the act of quarrying the minerals without permit, it said.

The Ombudsman further said, the suspects admitted they were following the instructions of Galo, allegedly upon orders of Gungob Sr., to quarry and transport the minerals.